Dr Sravan Dasoju complaint on APNGO Ashok Babu

Dr. Sravan Dasoju
Member of Politburo
Telangana Rashtra Samthi
15th January, 2014

To
The Honorable Chief Justice
High Court of Andhra Pradesh
Hyderabad – 500 066
Andhra Pradesh

Sub: Disregarding the Indian Constitution, its Provisions and Violation of Government Service Rules – Request for Kind Intervention of Honorable Chief Justice – Reg.

Respected Sir,
This is to bring to your kind notice about the anti-constitutional and anti-government activities of Mr. Ashok Babu, a government employee, the president of APNGOs, state govt. employees and also few MLAs ( Kandula Narayan Reddy), MPs ( Magunta Sreenivasulu Reddy, Konakalla Narayana) and other leaders ( Karanam Balarama Murthy of TDP) of TDP, YSRCP, Loksatta, BJP from Seema-Andhra region.
Mr. Ashok Babu has given a public call that the draft bill of Andhra Pradesh State Reorganization Act, 2013 should be burnt in “Bhogi Mantalu(Bhogi Mantalu is a bonfire specially lit during the eve of Sankranthi Festival) and demonstrate their protest against Telangana Formation.

Day before yesterday, i.e., on January 13, 2014, Mr. Ashok Babu himself led a protest demonstration of employees and political leaders, in Ongole of Prakasam district where they burnt copies of the draft bill in utter disregard and dishonor to the President of India, who has sent the bill to State Legislature for its opinion. Several government employees, MPs and MLAs and other public representatives belonging to Andhra region participated in the above said demonstration in Ongole and other parts of Andhra region showing scant respect to the Constitution, to the honorable president of India and the AP legislature. These acts constitute great criminal offences including treason that would degrade the very spirit of democracy and decline the sanctity of Indian constitution.

The AP State Reorganization Act, 2013 (Draft Bill) is made based on the provisions of Article 3 of Indian Constitution and the same has been sent by none other than His Excellency the President of India to Andhra Pradesh Assembly through the Chief Secretary, Government of Andhra Pradesh to elicit the views of elected public representatives in legislative assembly and legislative counsel.

It is the responsibility of the Chief Secretary, being a head of the services of Government of AP, to ensure that the constitutional process is strictly adhered to and statutory norms are implemented without any deviation. The peculiarity of this case is that, it is the government employees lead by Mr. Ashok Babu are the violators of constitutional procedures and service rules. It is the time that the Chief Secretary initiates stringent action against them. But it is unfortunate that so far, not even a show cause notice has been served to them and this would reflect the lenience of Government towards violators of constitution and also indicate that the Government, which is supposed to be the custodian of the constitution and maintenance of public order, is deliberately blind to such anti-constitutional activities by his own force.

Few advocates have even made a direct complaint to the Director General of Police of Andhra Pradesh on the same day w hen this incident took place and to our dismay, so far even police did not initiate any action against the violators of constitutional provisions.

The draft bill is in the possession of Honorable Speaker of AP Assembly and also as per the constitutional provisions and based on the instructions of the President of India, the bill is being discussed in the AP Assembly. In a context, when the bill is being discussed and the constitutional process is initiated, any deliberate disregard to the bill may be treated as contempt to the authority of Assembly and proceedings of legislature. It is the time that the Honorable Speaker of Legislative Assembly and Honorable Chairman of Legislative Council are assertive and take disciplinary actions against such violators including filing criminal cases.

Every citizen of India is bound to abide by the Indian Constitution. Once the constitutional procedure is initiated, I suppose, there is no right, particularly to Government Employees, to resort to such unlawful and anti-constitutional activities of tearing and burning of a constitutional document that too after it was sent by President of India. It is the primary responsibility of Government employees to uphold, honor and ensure effective implementation of Constitutional framework and provisions.

The same responsibility lies with the elected public representatives of both the legislative houses in the state and parliament who had taken an oath that they would abide by the Indian constitution. However, it is unfortunate that in the state of Andhra Pradesh, the public representatives and the government employees are consistently disregarding and indulging in violation of the Indian Constitution.

In a democracy, constructive criticism is appreciated, but one should not indulge in acts of insulting, defacing, tearing, and burning of constitutional documents. If there is any disagreement on any issue, there are many democratic forms of protest. Just because of the fact that the Indian constitution has given right of Freedom of Expression, it probably does not mean that one has been granted absolute right to ridicule and disregard the constitution which is supreme in Indian democracy.

Even if any of the provisions of the constitution or any aspect arising out of constitution is not palatable or not acceptable or even causing difficulty, no citizen has a right to tear or burn constitution or any acts or bills evolved out of constitution. After all, the Indian Constitution is a matter of national honor for all Indians and no one, probably, has a right to disregard it. If anybody indulges in such anti-constitutional activities he or she should be severely punished.

I strongly feel that if this kind of abrasive behaviors and anti-constitutional activities are not dealt with adequate seriousness and curtailed through stringent legal interventions, these abrasive tendencies might set wrong precedence and become a regular practice for many, if not to all. Further, this may eventually lead to affect the internal security of the nation and its integrity and sovereignty of Indian constitution.

The irresponsible act of Mr. Ashok Babu, state government employees and other MPs and MLAs of Seema-Andhra region is not only insulting the His Excellency the Honorable President of India and Indian Constitution, but also creating most unwanted and dangerous animosity and hatred among the people of Telangana and Andhra.

The government of Andhra Pradesh is unfortunately immune and indifferent towards such violations of Indian constitution and government service rules. The government employees may have political rights, but they may not have right to disregard the service rules and constitutional provisions. Despite many appeals, the government of AP is silent and mere spectator for such misdeeds and offences of Mr. Ashok Babu and others. The government’s silence is indirectly encouraging such outrageous activities that would lead to social disharmony and constitutional crises.

In this context, may I humbly appeal to the Honorable Chief Justice of High Court of Andhra Pradesh to kindly review the situation wherein deliberate attempts are being made violating and disregarding the Indian constitutional provisions and Indian sovereignty and direct the government of Andhra Pradesh to take up stringent measures to curb them and punish the guilty.

I also make an earnest appeal to consider and accept this representation as a “Sumoto Case” against the persons, who violated the service rules of government, disregarded the Indian constitution and its provisions.

Also, may I earnestly appeal that in order to protect and uphold the spirit of Indian Constitution and the spirit of democracy, the Honorable Chief Justice may kindly issue guidelines to both government servants, political activists and public representatives so that in future one may be refrained in indulging in dishonoring, disregarding and disrespecting the Indian Constitution and spirit of democracy.

I am also forwarding herewith the print media coverage that appeared on 14th January, 2014 (Appeared in Eenadu-6th Page; Sakshi-12th Page; Andhrajyothi-8th page and Deccan Chronicle-4th Page) and electronic media evidences substantiating the contents of the representation and for your kind reference.

Look forward for due justice

Thanking you
With Humble Regards

Dr. Sravan Dasoju

Copies sent to:

1. His Excellency The Honorable President of India, New Delhi
2. The Honorable Chief Justice of High Court of Andhra Pradesh through The Honorable Registrar ( Judicial), High Court of Andhra Pradesh
3. The Chief Secretary, Government of Andhra Pradesh
4. The Honorable Chairman, The Legislative Counsel of AP
5. The Honorable Speaker, The Legislative Assembly of AP
6. The Director General of Police, Government of Andhra Pradesh